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Patna High Court

Chhotu Pandey @ Barun kumar PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The anticipatory bail application is allowed, and the petitioners are released on bail subject to conditions under Section 482(2).

Summary

Petitioners Chhotu Pandey and Raj Kumar Pandey applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Substances Act, 2023, alleging assault on the informant's son and others. They contended they have clean antecedents and that the allegations are vague and the injury described as simple. The State opposed the bail, arguing the seriousness of the offences. The Court examined the specificity of the allegations and the petitioners' likelihood of fleeing, and found no sufficient ground to deny bail. Accordingly, the Court directed that the petitioners be released on bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the Act. The anticipatory bail application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Negotiable Substances Act, 2023
  • Whether the allegations against the petitioners are specific and sufficient to justify denial of bail
  • Whether the petitioners are likely to abscond or tamper with evidence

Legislation cited

  • B.N.S., 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352, 74
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • Bihar Negotiable Substances Act
  • false implication
  • assault
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77481 of 2025
                     Arising Out of PS. Case No.-65 Year-2025 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
           1.     Chhotu Pandey @ Barun kumar Pandey son of Tez Narayan Pandey
                  Resident of village - Rampur Khajuriya, Ps- Dumariyaghat, Dist- East
                  champaran
           2.    Raj Kumar Pandey son of Tez Narayan Pandey Resident of village - Rampur
                 Khajuriya, Ps- Dumariyaghat, Dist- East champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   190, 352, 351(2), 126(2), 115(2), 118(1), 109(1), 117(2), 303(2)

                   and 74 of B.N.S., 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that on 13.03.2025 at about 10:30 p.m., all the accused

                   persons including the petitioners came at the door of the

                   informant and started abusing and caught his son Abhishek

                   Pandey. Further, on orders of Vashishth Pandey, accused
Patna High Court CR. MISC. No.77481 of 2025(2) dt.16-01-2026
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          Satyendra Pandey assaulted Abhishek Pandey by farsa causing

          injury, thereafter Satish Pandey assaulted Rajiv Pandey by farsa

          on head causing injury. It is next alleged that Vijay Pandey, Tej

          Narayan Pandey, Raj Kumar Pandey (petitioner no.2) and

          Chhotu Pandey (petitioner no.1) assaulted Rupesh Pandey with

          farsa causing injury. Thereafter, Rani Kumari, Puja Kumari,

          Anjali Kumari, Om Kumari Devi, Nirmala Devi and Manorma

          Devi caught the informant and assaulted by an iron rod causing

          fracture of right hand.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant with an allegation that they assaulted Rupesh

          Pandey by farsa along with three other accused persons causing

          injury. It is next submitted that allegation of assault is not

          specific and the injury suffered by Rupesh Pandey has been

          opined to be simple in nature.

                       5. Learned APP opposes the anticipatory bail

          application.

                       6. Considering the submissions made by learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks from today, are directed to be
               Patna High Court CR. MISC. No.77481 of 2025(2) dt.16-01-2026
                                                           3/3




                         released on bail on their furnishing bail-bonds in the sum of

                         Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                         the like amount each to the satisfaction of learned Judicial

                         Magistrate, 1st Class, Motihari, East Champaran in connection

                         with Dumariyaghat P.S. Case No.65 of 2025, subject to the

                         conditions laid down under Section 482(2) of B.N.S.S.

                                      7. The application stands allowed.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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